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2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	0
15	Can all citizens exercise their right to vote?	50
16	Are citizens able to participate equally in the political process?	20

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: Before September 19, 2006, the 1997 Constitution guaranteed equal adult suffrage. Since the military coup of that day, Thailand has been under martial law with the Council for Democratic Reform as the governing body. Therefore, universal and equal suffrage rights were not guaranteed by a constitution.

References: Section 105 of the Thai Constitution 1997.

According to the Provisional Thai Constitution of 2006, Section 3.

Peer Review Comments: In this case, although technically correct, the provisional constitution did not disenfranchise any particular group, so we might also say the legal framework in place still can be called universal suffrage.

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments: The 1997 Constitution required regular elections to be held every four years. Under martial law, there were no elections.

References: Organic Act on the Election Of Members of the House of Representatives and Senators, B.E. 2541 (1998), Section 7

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: Before September 19 , 2006, all qualified citizens could vote.

References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23, 2007

Telephone interview with Election Commission Official, Political Party Affairs, Election Commission Office, Sept. 5, 2007

Peer Review Comments: It is unclear whether, in practice, all citizens have been able to vote since martial law was applied.

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: There was a notorious case of April 2, 2006. The Election Commission was criticized for mismanaging the set up of vote stands in such a way that outsiders could easily guess how the voters voted.

References: [ LINK ]

Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: The timing of the April 2, 2006 elections was said by many to benefit the ruling Thai Rak Thai Party.

References: [ LINK ] Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments:

References: Organic Act on Political Parties, B.E. 2541 (1998) states that:

"A State agency shall deliver official information, which it does not wish to keep or which is kept beyond the period under paragraph two as from the date of completing such information, to the National Archives Division, Fine Arts Department or other State agencies as specified in the Royal Decree, in order that it is selected for public studies."

Peer Review Comments: The legal basis for party formation, according to the source, suggests a "yes" rating. Of course, there are some minor restrictions (e.g., age and party size), but these are not uncommon, even in mature democracies, and do not seem to justify a "no" rating.

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: After September 19, 2006, it became illegal for more than four persons to gather for political purposes.

References: Announcement of the Council for Democratic Reform No. 7

Peer Review Comments: Right of assembly is different than right to run.

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: In the case of the April 2, 2006 elections, many small political parties were easily formed because a political party could be set up with only 15 members.

Monks, priests, prisoners, and madmen are not eligible for voting.

References: 1. Election Commission Call Center, 02-613-7333, Aug. 26, 2007

2. Sarun Rachsaiy, researcher, Chulalongkorn University, Aug. 29, 2007, Bangkok

Peer Review Comments: It is notable that the TRT Party has been banned, and some its members barred from politics.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: Before September 19, 2006, qualified adult citizen can run for public office. But after decisions by the Council for Democratic Reform, elections was banned.

References: 1.Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2.Sarun Rachsaiy, researcher, Chulalongkorn University, Aug. 29, Bangkok

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments:

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2.Sarun Rachsaiy, researcher, Chulalongkorn University, Aug. 29, 2007, Bangkok

Peer Review Comments: In the current military-appointed legislature, there are no parties, and hence no opposition.